The law relating to the issue of injunction in civil suits is
laid down in the Specific Relief Act, 1963 and the Code of Civil
Procedure, 1908. The grant of perpetual injunctions is regulated by
the Specific Relief Act while grant of temporary or interlocutory
injunctions, which are simply intended to preserve
the status quo pending the decision, are
regulated by the Code of Civil Procedure1. The object of
an interlocutory injunction is to protect the plaintiff against
injury by violation of his right for which he could not be
adequately compensated in damages recoverable in the action if the
uncertainty were resolved in his favour at the
trial2.
The grant of an interlocutory or temporary injunction during the
pendency of legal proceedings is a matter requiring the exercise of
discretion of the court. While exercising the discretion, the court
applies the following tests – (i) whether the plaintiff has a
prima facie case; (ii) whether the balance of convenience is
